War on Gaza: Senators call on Canadian government to uphold international law as children in Gaza are 'living in hell'

Yahoo

6 days ago

The formal statement was triggered when nine humanitarian groups pointed to the country's incongruous response to Ukrainian children and Palestinian children.
On June 25, independent Canadian senator Marilou McPhedran, with 10 other senators from across the country, released a joint statement calling on Mark Carney's government to uphold international law regarding the humanitarian crisis in Gaza.
The senators write that Canada and its allies have failed to act in the face of 'gross violations of international law through arms sales, economic relations, and diplomatic support for the State of Israel.'
But what instigated the letter?
Canada is not 'stepping up' to respond to Gaza crisis
On June 11, a group of nine humanitarian organizations — including UNICEF Canada and Save the Children Canada — briefed senators, expressing concern over a vast discrepancy in Canada's response to the crises in Ukraine compared to Gaza, particularly when surrounding children's health and safety.
'The goal wasn't to single out a particular crisis,' Emilie Galland-Jarrett, Head of Policy, Advocacy and Government Relations for Save the Children Canada told me from Ottawa. 'We wanted to see the mobilization of senators around the situation of children in Gaza and to call on Canada to stand up in ways they have for children in Ukraine."
Canada is a co-chair in an initiative for abducted Ukrainian children, for example. 'That shows moral and global responsibility on this issue,' she says.
But the government isn't showing this kind leadership across the board, Galland-Jarrett stresses. 'That's an issue. The leadership demonstrated with Ukraine can't just be specific to one crisis. We have to ensure that in all crises, Canada is stepping up.'
The senators who signed the joint statement have concluded that 'what Canada is prepared to do in one country where there is clearly an illegal war, needs to be giving the same level of support and implementing the same level of restrictions,'
Senator McPhedran tells me from British Columbia: 'This includes reaching out to the corporate community to make sure there isn't corporate complicity.'
Children in Gaza are 'living in hell'
The situation for children especially, is both desperate and dire, Rachel Cummings, Humanitarian Lead for Save the Children, tells me from Deir Al-Balah, a city in the centre of the Gaza Strip, where she has been working since February 2024.
'Everyday I see children in Deir Al-Balah and Khan Younis walking, desperate to find food and clean water. They are walking around with empty bowls but the food kitchens are pretty much closed,' she says. 'Mothers are bulking out any food they get with grass and dirty water. They're also feeding their children at night so that they have the illusion of having a full stomach before they fall asleep. Mothers tell me their children are crying all the time because they are hungry all the time.'
Children are also taking on duties associated with adults. 'Young children are caring for even younger children while their parents look for firewood.' There is no education as learning has stopped since October 7, 2023, when the war broke out.
All of this is compounded by the fact that Palestinians are living under constant bombardment and shelling, adds Cummings. '700,000 people have been displaced since [the last ceasefire] in March.'
Humanitarian aid is far from consistent, Cummings says.
'The United Nations and other humanitarian activists have been unable to bring in supplies since mid-May, and the aid is very, very restricted ... People are killed trying to receive food, which is a right. Basically, Palestinians are trying every which way to survive and children, in particular, are living in hell.'
Canada has failed to act, senator says: 'We seem to have forgotten that we have a Canadian law for 25 years ...'
There has been a mounting concern as more and more evidence comes in as to the weaponization of food and starvation in Gaza and the disproportionate impact this has had on children in particular, McPhedran says.
'We seem to have forgotten that we have a Canadian law for 25 years: The Crimes Against Humanity and War Crimes Act,' she says. 'The purpose of that is to implement the statute of the International Criminal Court.'
McPhedran says there is a clear obligation for Canadian lawmakers to implement domestic legislation on the situation in Gaza, and that failing to do so makes Canada complicit to what is happening in the region.
The funding by the International Court of Justice triggers a responsibility to Canada as a third party.
'Failing to act on Gaza is impunity,' Galland-Jarrett adds. 'And if there is impunity in a particular context, then that opens up the door to impunity in other crises.'
Groups raise alarm on death toll, genocide in Gaza
One of the humanitarian organizations' "asks" of the government revolves around arms trade.
'We know that there are arms or parts of arms that are being manufactured in Canada and then being sold to other countries like the United States and then being sold to Israel which are being used to bomb children,' Gallant-Jarrett says.
If there is a risk that such arms might be used in a way that might violate international humanitarian law, then Canada has a responsibility to stop that arms trade, she adds. 'That's what we're asking for."
McPhedren adds that it's very clear in the law that the kind of evidence that is now available shows extensive and clear documentation of the death, damage and destruction happening across Gaza — from the Palestinian health authority, to UNICEF, to special rapporteur Francesca Albanese — with complicity and impunity of third-party countries and corporations. The death toll in Gaza due to strikes by Israel grows daily, with the health ministry estimating at least 58,000 casualties. People in Gaza are killed waiting for aid, water, in churches and neighbourhoods previously marked "safe zones."
Humanitarian groups and scholars have described what is happening in Gaza as a genocide.
'The international obligations we have make it very clear that stopping genocide ... is not only the responsibility of those directly involved, but also third parties like Canada,' she says.
'This is an aspect of this whole assault on the Palestinian people that is probably not appreciated so in our letter we address that there is supposed to be an arms embargo that hasn't really happened.'
Senator: Carney government 'sidestepping' international responsibility
'I do think that Canada, represented by Global Affairs Canada, represented by our Prime Minister and by our Foreign Affairs Minister, that there is a pattern of avoidance in acknowledging the extent of which we are complicit in the assault of Palestinians," McPhedran says.
"I believe there is a sidestepping on the part of officials in Canada and on the part of the Carney cabinet.'
What is worrying to the Senator is that just this past February, there was a shipment of arms. 'We know that — and this was from Global Affairs Canada — that there were new military export permits to Israel. This was long after promising that as a country, we wouldn't do that.'
McPhedran adds that there is an "obligation" for the government to answer questions from parliamentarians and the media about military supplies and funding sent to Israel.
"A choice [is] being made not to give specific answers to these tough questions ... Furthermore, the funding by the International Court of Justice triggers a responsibility to Canada as a third party.'
Canada is also signatory to the Arms Trade Treaty, which means that the government is obliged to block arms exports if there are substantial risks the goods could be used to commit serious human rights abuses. 'What the senators are asking for is that Canada follow our legal obligations and through international treaties to which we have been a party and honour the commitment made in those treaties.'
Senator: We've seen actions against Russia — the same needs to happen with Israel
McPhedran asserts that, at minimum, they should be receiving a detailed response from Global Affairs Canada about a two-way arms embargo.
'There's been a very limited response to us and to the media and that puts us in a very regrettable position. As senators and parliamentarians we are entitled to information from the government of Canada — particularly on something as important as Gaza.'
McPhedran makes another observation: 'Minister [Anita] Anand has a theme and one of her themes in statements is protection. Three weeks ago, she made a very strong statement about additional sanctions in relation to Russia's war on Ukraine. It would be wonderful to see her take a similar approach against the aggression on the people of Gaza by Israel.'
Galland-Jarrett is appealing to the government for leadership on this issue. 'We expect the government to adequately fund humanitarian responses to crises with a children's rights lens and an understanding of how children are affected.'
Humanitarian organizations like Save the Children also want to see Canada bring up the issue of children in global spaces, whether it's the General Assembly or other U.N. spaces. 'In statements about different crises, we want to see it actually mention the impact on children in particular,' Galland-Jarrett says.
We've seen Canada step up in other ways, she emphasizes.
'Our main argument is that international law applies across the board; it's not supposed to be politicized. Humanitarian aid isn't supposed to be politicized."
In recent days there was a conversation that Prime Minister Mark Carney had with Gabriel Boric, the president of Chile on the need to recognize and respect human rights, Senator McPhedran points out.
'So on one hand we see press release after press release where Canada is claiming its respect for human rights. But when we see situations related to Israel, there seems to be a different standard.'